[Federal Register Volume 66, Number 51 (Thursday, March 15, 2001)]
[Notices]
[Pages 15088-15089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6382]


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CONSUMER PRODUCT SAFETY COMMISSION


Notification of Request for Reinstatement of Approval of 
Information Collection Requirements--Cellulose Insulation

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: In the Federal Register of August 15, 2000 (65 FR 49788), The 
Consumer Product Safety Commission published a notice in accordance 
with provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35) 
to announce the agency's intention to seek extension of approval of the 
collection of information in regulations implementing the Amended 
Interim Safety Standard for Cellulose Insulation (16 CFR Part 1209). 
One comment, discussed below, was received from the North American 
Insulation Manufacturers Association (NAIMA). The Commission now 
announces that it has submitted to the Office of Management and Budget 
a request for reinstatement of approval of that collection of 
information without change for a period of three years from the date of 
approval.
    The cellulose insulation standard prescribes requirements for 
flammability and corrosiveness of cellulose insulation produced for 
sale to or use by consumers. The standard requires manufacturers and 
importers of cellulose insulation to test insulation for resistance to 
smoldering and small open-flame ignition, and for corrosiveness, and to 
maintain records of that testing.

[[Page 15089]]

    In its comment NAIMA made five points. These issues and CPSC's 
responses are discussed below.
    (1) First, NAIMA states that continued collection of information 
about cellulose insulation ``is only justified if CPSC intends to 
review, evaluate, and act on the information collected.'' NAIMA argues 
that if CPSC is not actually using the information collected, then any 
cost for collecting it is unwarranted.
    CPSC's field staff has recently been instructed to perform 
inspections to review the records of companies that produce cellulose 
insulation. The staff will determine whether records indicate that 
manufacturers are complying with the testing and recordkeeping 
requirements set forth in the CPSC standard.
    (2) NAIMA states that in June 2000 NAIMA submitted data to CPSC 
that ``indicates that cellulose manufacturers routinely manufacture 
insulation that does not meet the CPSC safety standard.'' NAIMA argues 
that this indicates cellulose insulation manufacturers are not aware of 
the requirements of the standard or are ignoring them.
    As explained above, CPSC field staff will be conducting inspections 
of cellulose insulation manufacturing facilities' records to see that 
their testing and recordkeeping meet CPSC requirements. The standard 
requires manufacturers to conduct tests on samples to demonstrate that 
their product passes the tests for flammability and corrosiveness in 
the standard. Manufacturers must maintain records demonstrating 
compliance with these testing requirements.
    (3) NAIMA states that ``CPSC does not appear to be taking any 
action regarding insulation that fails to meet the interim standard.'' 
NAIMA argues that the Commission has not taken any action in recent 
years to enforce the standard, and therefore further collection of this 
information is not justified.
    The CPSC has not had information warranting enforcement action. 
Should CPSC become aware of such information it would take appropriate 
action. CPSC is attempting to obtain a better picture of current 
practices with the field program discussed above.
    (4) NAIMA states that the current standard is ``outdated and does 
not adequately ensure adequate fire resistance.'' NAIMA argues that 
developments in the twenty years since the standard was last revised 
make it inadequate.
    As NAIMA recognizes, the Amended Interim Safety Standard is based 
on a General Services Administration (``GSA'') specification from 1979. 
In 1978 Congress passed the Emergency Interim Consumer Product Safety 
Standard Act (codified at 15 U.S.C. 2082), which mandated that the GSA 
specification for cellulose insulation in effect at that time shall 
become a consumer product safety standard. The law also required the 
Commission to incorporate into the standard subsequent changes GSA made 
to the requirements for flame resistance and corrosiveness. Thus, in 
1978, the Commission issued the Interim Safety Standard for Cellulose 
Insulation, and in 1979, the Commission amended that standard to 
incorporate revisions GSA made to its specification. GSA has not made 
further changes to its specification.
    Congress further provided that the Commission could issue a final 
consumer product safety standard on its own if the Commission found 
that the interim safety standard ``does not adequately protect the 
public from the unreasonable risk of injury associated with flammable 
or corrosive cellulose insulation.'' 15 U.S.C. 2082(c)(1)(B). Thus, for 
the Commission to make changes to the interim standard--other than 
incorporating changes GSA makes in its specification--the Commission 
must find that the current standard does not adequately protect the 
public from an unreasonable risk of injury.
    The Commission staff is not aware of any data showing that 
cellulose insulation presents an unreasonable risk of injury, or that 
the current interim standard is inadequate to protect against such a 
risk. While national fire loss data are limited because they do not 
adequately identify the type of thermal insulation involved in fires, a 
review of those data shows that from 1987 to 1997 (the latest year for 
which data are available), estimated fire losses involving thermal 
insulation have not increased. According to the law explained above, 
the Commission would need evidence that cellulose insulation presents 
an unreasonable risk of injury, or that the current interim standard is 
inadequate to protect against such a risk to change the interim safety 
standard.
    (5) NAIMA states that CPSC should not continue to collect data on 
cellulose insulation ``because it creates the false impression among 
consumers that the fire safety of cellulose insulation is being closely 
monitored and controlled.''
    As explained above, CPSC field staff will be reviewing records to 
see that manufacturers are complying with the standard's requirements. 
Also, as explained above, the CPSC cannot legally change the standard 
unless it has data indicating that under the current standard cellulose 
insulation presents an unreasonable risk of injury and revising the 
standard is necessary to protect the public.

Additional Information About the Request for Extension of Approval 
of Information Collection Requirements

    Agency address: Consumer Product Safety Commission, Washington, DC 
20207.
    Title of information collection: Amended Interim Safety Standard 
for Cellulose Insulation (16 CFR Part 1209).
    Type of request: Reinstatement of approval.
    General description of respondents: Manufacturers and importers of 
cellulose insulation.
    Estimated number of respondents: 45.
    Estimated average number of hours per respondent: 1,320 per year.
    Estimated number of hours for all respondents: 59,400 per year.
    Estimated cost of collection for all respondents: $802,000 per 
year.
    Comments: Comments on this request for reinstatement of approval of 
information collection requirements should be submitted by April 16, 
2001 to (1) The Office of Information and Regulatory Affairs, Attn: OMB 
Desk Officer for CPSC, Office of Management and Budget, Washington, DC 
20503; telephone: (202) 395-7340, and (2) the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207. Written 
comments may also be sent to the Office of the Secretary by facsimile 
at (301) 504-0127 or by e-mail at [email protected].
    Copies of this request for reinstatement of the information 
collection requirements and supporting documentation are available from 
Linda Glatz, management and program analyst, Office of Planning and 
Evaluation, Consumer Product Safety Commission, Washington, DC 20207; 
telephone: (301) 504-0416, extension 2226.

    Dated: March 8, 2001.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 01-6382 Filed 3-14-01; 8:45 am]
BILLING CODE 6355-01-P